Malcolm Rivera
Amending the United States Constitution is a challenging process, as the framers intended when they wrote it to endure for ages to come. Since its drafting in 1787, the Constitution has been amended only 27 times, including the first ten amendments, known as the Bill of Rights, which were ratified in 1789. The authority to amend the Constitution derives from Article V, which outlines two methods for proposing and ratifying amendments. Firstly, two-thirds of both houses of Congress can vote to propose an amendment, or secondly, two-thirds of state legislatures can request Congress to convene a national convention to propose amendments. For an amendment to be ratified, three-quarters of state legislatures must approve it, or ratification conventions in three-quarters of states must approve it. This process ensures that any changes made to the Constitution are thoroughly considered and have a significant impact on the nation and its citizens.
| Characteristics | Values |
|---|---|
| Authority to amend | Article V of the Constitution |
| Amendment proposal | Two-thirds majority vote in both the House of Representatives and the Senate, or a constitutional convention called for by two-thirds of the state legislatures |
| Amendment ratification | Three-fourths of the states (38 out of 50) |
| Amendment submission | Proposed amendments are submitted to voters for approval |
| Amendment approval | Majority of voters in the entire election |
| Amendment appeal | The 21st Amendment, which repealed the 18th Amendment's prohibition on alcohol |
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What You'll Learn
Amendments must be proposed by two-thirds of Congress or state legislatures
The United States Constitution was written to endure for ages to come, and as such, the process of amending it is a difficult task. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments, known as the Bill of Rights, which were ratified in 1789. The process of amending the Constitution is outlined in Article V of the Constitution, which provides two ways to propose and ratify amendments.
Amendments must first be proposed, and this can be done in one of two ways. The first option is for two-thirds of both houses of Congress to vote to propose an amendment. This means that a two-thirds majority vote is required in both the House of Representatives and the Senate. The second option is for two-thirds of the state legislatures to call on Congress to hold a national constitutional convention to propose amendments. It is important to note that, historically, none of the amendments to the Constitution have been proposed by a constitutional convention.
Once an amendment has been proposed, it must be ratified. Ratification requires the approval of three-quarters of the states, or ratifying conventions in three-quarters of the states must approve them. This means that 38 out of 50 states must ratify an amendment for it to become part of the Constitution. The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist has delegated many of the duties associated with this process to the Director of the Federal Register.
While amending the US Constitution is a challenging process, state constitutions are much easier to modify. The current constitutions of the 50 states have been amended around 7,000 times, with some states amending their constitutions more frequently than others. Additionally, there are various ways to amend state constitutions, including amendments proposed by legislatures, citizens, conventions, and commissions.
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Three-quarters of state legislatures must approve amendments
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers made it difficult to amend the document, and rightly so—it should not be easy to change the fundamental rules of a nation.
The Constitution provides two ways to propose and ratify amendments. The first method is for two-thirds of both houses of Congress to vote to propose an amendment. The second method is for two-thirds of state legislatures to request Congress to convene a national convention to propose amendments.
Once an amendment is proposed, it is up to the states to approve it. Three-quarters of state legislatures must approve the amendment, or ratifying conventions in three-quarters of the states must approve them. This means 38 out of 50 states need to ratify the amendment. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them. The OFR retains these documents until an amendment is adopted or fails, at which point the records are transferred to the National Archives for preservation.
In the past, some state legislatures have not waited for official notice before taking action on a proposed amendment. State constitutions, on the other hand, are much easier to modify, and state constitutional amendments are adopted regularly. The current constitutions of the 50 states have been amended around 7,000 times.
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Ratification must be within a reasonable time after proposal
The process of amending the Constitution of the United States is a complex and challenging task, as the framers intended when they drafted the document in 1787. While the Constitution has been amended 27 times since then, including the Bill of Rights, the process requires careful consideration and approval by a significant portion of the country's legislative bodies and/or state legislatures.
The process of proposing and ratifying amendments to the Constitution is outlined in Article V of the Constitution. There are two methods for proposing amendments: the first is through a two-thirds majority vote in both the House of Representatives and the Senate, and the second is by calling for a constitutional convention requested by two-thirds of the state legislatures.
Once an amendment is proposed, it must be ratified within a "reasonable time," as determined by the Supreme Court. This means that there is a definite period for ratification, which has been the tradition since the 18th Amendment. The length of this "reasonable time" is not explicitly defined and may vary depending on the specific amendment and the political climate at the time.
The ratification process can occur through one of two methods, as outlined in Article V. The first method requires the approval of three-fourths of the state legislatures, which translates to 38 out of 50 states. The second method involves ratifying conventions, where three-fourths of the states must approve the amendment through these conventions.
The ratification process is administered by the Archivist of the United States, who heads the National Archives and Records Administration (NARA). The Archivist, along with the Director of the Federal Register, follows established procedures and customs from the Secretary of State and the Administrator of General Services.
In conclusion, the ratification of proposed amendments to the Constitution must occur within a reasonable time after the proposal. This ensures that the amendment process proceeds in a timely manner while allowing for careful consideration and approval by the necessary legislative bodies and/or states. The determination of a "reasonable time" may depend on various factors and has been a tradition since the 18th Amendment.
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Conventions submit proposed amendments to voters for approval
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers made amending the document a difficult task, and it has only been amended 27 times since it was drafted in 1787. The Constitution provides that an amendment may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the state legislatures. None of the 27 amendments to the Constitution have been proposed by constitutional convention.
State constitutions, on the other hand, are much easier to modify, and state constitutional amendments are adopted on a regular basis. The current constitutions of the 50 states have been amended around 7,000 times. States vary in how often they amend their constitutions. The constitutions of Alabama, Louisiana, South Carolina, Texas, and California are amended more than three to four times per year, on average. At the other end of the spectrum, the Tennessee, Kentucky, Indiana, Illinois, and Vermont constitutions are amended only once every three to four years on average.
The process of amending the Constitution is a complex and lengthy one. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with administering the ratification process. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).
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State constitutions are easier to modify
State constitutions are distinct documents that touch on some of the most fundamental aspects of citizens' lives, such as voting, personal liberties, and local governance. They are easier to amend than the U.S. Constitution, making them more dynamic and reflective of the evolving will and interests of the people. This adaptability is due to the varying requirements for state legislatures to craft amendments. While some states require amendments to secure a simple majority of legislators, others mandate supermajority legislative support, with 25 states falling into this category.
The path of least resistance for legislative approval of amendments is through a majority vote in a single session, which is possible in 10 states. In contrast, 25 states have a higher threshold, with 9 requiring a three-fifths vote and 16 necessitating a two-thirds vote. This diversity in amendment processes across states underscores the accessibility and flexibility inherent in state constitutions.
Citizen-initiated amendments are another avenue for change in 17 states, including California and Colorado, which are known for their brisk consideration of such amendments. The procedures for qualifying citizen-initiated amendments vary, but they typically involve gathering a substantial number of signatures in support of holding a vote on the proposed amendment. This direct involvement of citizens in the amendment process further underscores the responsiveness of state constitutions to the will of the people.
State constitutions can outline and clarify rights that extend beyond those enumerated in the federal Constitution. For example, 27 state constitutions contain some version of a Free Elections Clause, guaranteeing free, equal, or open elections. These clauses have been successfully invoked to challenge redistricting maps and ballot collection prohibitions, providing unique rights and remedies not available under federal law. Additionally, only seven state constitutions include explicit environmental rights provisions, with Rhode Island and Illinois being pioneers in this regard, followed recently by New York.
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Frequently asked questions
The US Constitution derives its authority to be amended from Article V of the Constitution. There are two ways to propose and ratify amendments: two-thirds of both houses of Congress can vote to propose an amendment, or two-thirds of state legislatures can request Congress to call a national convention to propose amendments. To ratify amendments, three-fourths of the state legislatures must approve them, or ratifying conventions in three-fourths of the states must approve them.
The US Constitution has been amended 27 times since it was drafted in 1787. This includes the first 10 amendments, also known as the Bill of Rights, which were ratified in 1789. The most recent amendment was the 27th Amendment in 1992, which took over 200 years to be ratified.
State constitutions are generally easier to modify than the US Constitution. The constitutions of the 50 states have been amended approximately 7,000 times. Some states, like Alabama, Louisiana, and Texas, amend their constitutions more than three to four times per year on average. Conventions, citizen initiatives, and constitutional commissions are some ways that states propose and ratify amendments.
Six amendments have been approved by Congress but never fully ratified by the states. These include the District of Columbia Voting Rights Amendment and amendments related to congressional term limits and a balanced budget. In addition, the 18th Amendment, which established Prohibition, was ratified and later repealed by the 21st Amendment due to its growing unpopularity.
